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  • “Preserving Error in Retrograde Extrapolation Cases”

Last month we introduced the toxicological aspects of cross-exa...

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Prosecutors like to use it. Occasionally, we may like it, too. Retrograde extrapolation is the method by which one estimates a person's BAC at the time of driving based upon a chemical testRead Article →

In Brazos County the Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their conjuring attempts to correct an evidentiaryRead Article →

The National Highway Traffic Safety Administration (NHTSA) spent many thousands of dollars on studies to develop a battery of DWI investigation tools called field sobriety tests.

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The DWI blood test case is becoming the stock-in-trade of many law enforcement agencies across the state. Whether it's a sample provided voluntarily after arrest, or obtained via search warrant following a refusal, defendingRead Article →

Anticipation is one of the defense lawyer's most effective tools when championing a client's criminal case. Prosecutors also get trained to anticipate us. Following are prosecutor publications written to help them anticipate ourRead Article →

Persons accused of DWI in Bryan-College Station are often subject to "conditions of bond" imposed by the judge who set bond after arrest. In cases where the person is alleged to haveRead Article →

Texas lawyers defending DWI breath-test cases continuously search for ways to attack the Intoxilyzer 5000 and the admissibility of test results. In recent years the Scientific Director of the Texas Breath Alcohol TestingRead Article →

A little over a decade ago advocacy groups like Mother's Against Drunk Driving assured the country science proved a 0.08 BAC was unequivocally the appropriate legal threshold to set for drunk driving. As a result of these assurances the last of the States lowered their per se intoxication level from...

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On the SCOTUSblog, Lyle Denniston recapped the Read Article →